State v. Wilson
Docket C-240696
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Ohio
- Court
- Ohio Court of Appeals
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Affirmed in Part, Reversed in Part
- Judge
- Zayas
- Citation
- 2026-Ohio-1178
- Docket
- C-240696
Appeal from convictions and sentence imposed by the Hamilton County Court of Common Pleas in a criminal sexual-offense prosecution
Summary
The First District Court of Appeals affirmed in part, reversed in part, and remanded defendant Derrick J. Wilson’s convictions for multiple counts of rape and gross sexual imposition arising from allegations by his stepdaughter. The court upheld the convictions and most evidentiary rulings (including Mayerson Center and therapist testimony under the medical-diagnosis exception) but found sentencing error: the trial court failed to make the statutory findings required for consecutive sentences. The court vacated the consecutive nature of the sentence and remanded for resentencing limited to the consecutive-sentence findings.
Issues Decided
- Whether multiple out-of-court statements were inadmissible hearsay or admissible under exceptions (including the medical-diagnosis exception)
- Whether the prosecution violated Brady by not timely disclosing investigative information about a failed recorded call
- Whether trial counsel provided ineffective assistance by failing to object to certain testimony and exhibits
- Whether the trial court erred by imposing consecutive sentences without making the required statutory findings
Court's Reasoning
The court concluded most contested hearsay evidence was admissible or harmless: statements to Mayerson Center and a therapist were within the medical-diagnosis exception (Evid.R. 803(4)), and other remarks were admissible to explain investigation or harmless because the victim testified. The late disclosure about a failed investigative phone call was not material Brady evidence because it produced no inculpatory statements and the defense could cross-examine during trial. Ineffective-assistance claims failed because counsel’s omissions did not create a reasonable probability of a different outcome. The court found error only in sentencing because the trial court did not make the statutory findings required for consecutive sentences under R.C. 2929.14(C)(4).
Authorities Cited
- Evid.R. 803(4)
- R.C. 2929.14(C)(4)
- Brady v. Maryland373 U.S. 83 (1963)
Parties
- Appellant
- Derrick J. Wilson
- Appellee
- State of Ohio
- Judge
- Zayas, Presiding Judge
- Attorney
- Connie Pillich, Hamilton County Prosecuting Attorney
- Attorney
- John D. Hill, Jr., Assistant Prosecuting Attorney
- Attorney
- Angela J. Glaser
Key Dates
- Journal entry date / judgment entry filed
- 2026-04-01
What You Should Do Next
- 1
Prepare for resentencing on consecutive-sentence findings
Defense counsel should review the record and prepare arguments and any mitigation evidence addressing the R.C. 2929.14(C)(4) factors before the trial court reconvenes to determine whether consecutive sentences are appropriate.
- 2
Prosecution prepare supporting findings
The prosecutor should be ready to present evidence and argument supporting the statutory findings (seriousness, victim impact, offender conduct, and necessity for protection of public) to justify consecutive sentences.
- 3
Consider post-resentencing appellate options
After the trial court issues the resentencing entry, counsel for either party should evaluate grounds for appeal (if any) and preserve the record on any disputed factual or legal sentencing determinations.
Frequently Asked Questions
- What did the appeals court decide?
- The court upheld Wilson’s convictions but found the trial court erred by imposing consecutive sentences without making required statutory findings, so it vacated the consecutive portions and remanded for resentencing on that issue.
- Who is affected by this decision?
- Defendant Wilson is affected because his sentence must be reconsidered; the state/prosecution must participate in the resentencing proceeding.
- What happens next in the case?
- The trial court must hold a resentencing hearing limited to whether consecutive sentences are appropriate and make the R.C. 2929.14(C)(4) findings on the record and in its entry.
- Can Wilson appeal the remand/resentencing?
- Yes; after the trial court issues the new sentencing entry, Wilson may appeal any adverse rulings made at resentencing or the substance of any new sentencing findings.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
[Cite as State v. Wilson, 2026-Ohio-1178.]
IN THE COURT OF APPEALS
FIRST APPELLATE DISTRICT OF OHIO
HAMILTON COUNTY, OHIO
STATE OF OHIO, : APPEAL NO. C-240696
TRIAL NO. B-2205654
Plaintiff-Appellee, :
vs. :
DERRICK J. WILSON, :
JUDGMENT ENTRY
Defendant-Appellant. :
This cause was heard upon the appeal, the record, the briefs and arguments.
For the reasons set forth in the Opinion filed this date, the judgment of the trial
court is affirmed in part and reversed in part, and the cause is remanded.
Further, the court holds that there were reasonable grounds for this appeal,
allows no penalty, and orders that costs be taxed 50% to appellee and 50% to appellant.
The court further orders that (1) a copy of this Judgment with a copy of the
Opinion attached constitutes the mandate, and (2) the mandate be sent to the trial
court for execution under App.R. 27.
To the clerk:
Enter upon the journal of the court on 4/1/2026 per order of the court.
By:_______________________
Administrative Judge
[Cite as State v. Wilson, 2026-Ohio-1178.]
IN THE COURT OF APPEALS
FIRST APPELLATE DISTRICT OF OHIO
HAMILTON COUNTY, OHIO
STATE OF OHIO, : APPEAL NO. C-240696
TRIAL NO. B-2205654
Plaintiff-Appellee, :
vs. : OPINION
DERRICK J. WILSON, :
Defendant-Appellant. :
Criminal Appeal From: Hamilton County Court of Common Pleas
Judgment Appealed From Is: Affirmed in Part, Reversed in Part, and Cause Remanded
Date of Judgment Entry on Appeal: April 1, 2026
Connie Pillich, Hamilton County Prosecuting Attorney, and John D. Hill, Jr., Assistant
Prosecuting Attorney, for Plaintiff-Appellee,
Angela J. Glaser, for Defendant-Appellant.
[Cite as State v. Wilson, 2026-Ohio-1178.]
ZAYAS, Presiding Judge.
{¶1} Derrick J. Wilson appeals his convictions for eight counts of rape,
Counts 1 through 4 involved a child under ten and Counts 5 through 8 involved a child
under 13, and four counts of gross sexual imposition (“GSI”), Counts 9 through 11
occurred when the child was under 13 and Count 14 occurred when the child was over
13. In six assignments of error, Wilson argues the trial court erred by admitting
multiple hearsay statements, the State failed to provide exculpatory evidence in
violation of Brady, he was denied the effective assistance of counsel when counsel
failed to object to the hearsay statements, the trial court erred by sentencing him to
consecutive sentences without making the required findings, his convictions were
against the manifest weight of the evidence, and the cumulative effect of the errors
deprived him of the right to a fair trial. For the following reasons, we affirm the
judgment of the trial court in part, reverse the judgment of the trial court in part, and
remand the cause to the trial court.
{¶2} Wilson was charged for sexual offenses against his “stepdaughter,”1
K.C., that occurred when she was a child from February 2012 through February 2019.
Wilson pleaded not guilty and proceeded to a jury trial. The jury acquitted Wilson of
Count 12, a charge of rape, and Count 13, sexual battery. The jury found him guilty of
the remaining charges. The trial court imposed an aggregate minimum sentence of 25
years to be followed by two consecutive life sentences.
Alleged Hearsay Statements
{¶3} In his first assignment of error, Wilson contends that the trial court
erred by allowing multiple hearsay statements into evidence regarding the child
1 Wilson was the boyfriend of K.C.’s mother, but had acted as her stepfather since K.C. was two
years old. Because K.C. refers to him as her stepfather, we will refer to him as her stepfather.
OHIO FIRST DISTRICT COURT OF APPEALS
victim’s allegations, thereby bolstering the credibility of K.C.’s testimony, which was
not corroborated by any physical evidence.
{¶4} Hearsay consists of “a statement, other than one made by the declarant
while testifying at the trial or hearing, offered in evidence to prove the truth of the
matter asserted in the statement.” Evid.R. 801(C). Generally, hearsay is inadmissible
unless it falls within an enumerated exception. See Evid.R. 802. We review hearsay
rulings for an abuse of discretion. State v. Hamm, 2017-Ohio-5595, ¶ 28 (1st Dist.).
{¶5} Where the party did not object to a statement on the basis that it was
hearsay, he has forfeited all but plain error. State v. Square, 2018-Ohio-4574, ¶ 39
(11th Dist.), citing State v. Santiago, 2003-Ohio-2877, ¶ 11 (10th Dist.). “Under the
plain-error doctrine, the appellant must show an ‘error,’ meaning a deviation from a
legal rule, and the error must constitute an obvious defect in the trial court's
proceedings.” Id., citing State v. Rogers, 2015-Ohio-2459, ¶ 22.
{¶6} Wilson first challenges K.C.’s mother’s testimony that K.C. told her that
Wilson raped her. Wilson objected based on hearsay, and the State argued the
statement was admissible for the nonhearsay purpose of its effect on the listener. The
trial court overruled the objection.
{¶7} “It is well established that extrajudicial statements made by an out-of-
court declarant are properly admissible to explain the actions of a witness to whom
the statement was directed.” State v. Thomas, 61 Ohio St.2d 223, 232 (1980). A
statement is not hearsay when introduced to show its effect on the listener. State v.
Osie, 2014-Ohio-2966, ¶ 122.
{¶8} Here, mother did not take any action upon hearing K.C.’s disclosures.
Consequently, K.C.’s disclosure to her mother was inadmissible hearsay. However,
the admission of the statement was harmless beyond a reasonable doubt where K.C.
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OHIO FIRST DISTRICT COURT OF APPEALS
testified about telling her mother the details of the abuse. The jury’s verdict would
have been the same regardless of mother’s testimony that K.C. told her that Wilson
raped her. See State v. Moore, 2019-Ohio-1671, ¶ 47 (2d Dist.) (finding the child’s
abuse disclosure to mother inadmissible hearsay but harmless in light of the child’s
detailed testimony about the abuse).
{¶9} Next, Wilson objects to the detective’s testimony that K.C. did not want
him to interview her brother. The statement was admitted to explain how the
investigation proceeded. In general, testimony offered to explain the investigation of
the witness is not offered to prove the matter asserted, and therefore, is nonhearsay.
See Thomas at 232; State v. Jordan, 2014-Ohio-2857, ¶ 7 (9th Dist.) (Statements that
are offered into evidence to explain an officer’s conduct while investigating a crime are
not, however, hearsay.). Testimony explaining police conduct is nonhearsay when the
statements do not connect the accused with the crime charged, the conduct is relevant,
and the probative value is not substantially outweighed by the danger of unfair
prejudice. See State v. Ricks, 2013-Ohio-3712, ¶ 27.
{¶10} Here, the statement was relevant because the defense challenged the
adequacy of the police investigation and specifically the investigator’s failure to
interview the brother. The danger of unfair prejudice did not outweigh any probative
value, and the statement did not connect Wilson to the crime. Accordingly, the trial
court did not err in admitting the statement.
{¶11} Next, Wilson challenges the admissibility of the video and summary of
the Mayerson Center for Safe and Healthy Children (“Mayerson Center”) forensic
interview. The Mayerson Center interviews child sexual-assault victims to assess the
need for physical and mental-health care. Wilson did not object to the video of the
interview, and his sole objection to the summary was based on the best-evidence rule.
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OHIO FIRST DISTRICT COURT OF APPEALS
Consequently, he has waived all but plain error. See Square, 2018-Ohio-4574, at ¶ 39
(11th Dist.).
{¶12} To successfully assert that a trial court committed plain error, a
defendant must show an error that constitutes an obvious defect in the trial
proceedings and demonstrate there is a reasonable probability that the error resulted
in prejudice, meaning that the error affected the outcome of the trial. Rogers, 2015-
Ohio-2459, at ¶ 22.
{¶13} Here, Wilson does not present a plain-error argument. “This court
consistently holds that we ‘need not analyze plain error when appellant has failed to
make a plain[] error argument.’” State v. Jones, 2025-Ohio-3252, ¶ 12 (1st Dist.);
State v. Patton, 2021-Ohio-295, ¶ 25 (1st Dist.) (Explaining that an appellate court
“will not construct a claim of plain error on a defendant’s behalf if the defendant fails
to argue plain error on appeal.”).
{¶14} Additionally, statements made to a social worker with the Mayerson
Center for the purposes of medical diagnosis and treatment are an exception to the
hearsay rule under Evid.R. 803(4). See State v. Turner, 2020-Ohio-1548, ¶ 52 (12th
Dist.); State v. White, 2021-Ohio-1644, ¶ 70 (1st Dist.) (holding “that the 2018
Mayerson Center interview was for medical diagnosis and treatment, it was properly
admitted into evidence under Evid.R. 803(4)”); State v. Burson, 2024-Ohio-1834, ¶
50 (12th Dist.) (“[T]his court has repeatedly upheld the admission of statements made
to social workers at the Mayerson Center for purposes of medical diagnosis and
treatment.”). “And Evid.R. 803(4)’s term ‘medical diagnosis or treatment’ does not
solely involve physical health—it includes mental-health diagnoses and treatment.”
State v. Snyder, 2025-Ohio-4444, ¶ 166 (1st Dist.). Statements for the purpose of
medical diagnosis include the identity of the perpetrator, the type of abuse alleged, a
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OHIO FIRST DISTRICT COURT OF APPEALS
time frame of the alleged abuse, and areas where the child was touched. Turner at ¶
52.
{¶15} This court has previously held that the admission of statements in a
Mayerson Center interview did not constitute plain error. See State v. Warner, 2024-
Ohio-1949, ¶ 32 (1st Dist.). Although the court found that some of the statements in
the interview were not made for medical diagnosis or treatment, the defendant’s
“failure to object to any portion of the Mayerson interview” resulted in the court’s
conclusion that “the trial court’s admission of these statements does not constitute
plain error.” Id. Other courts have found that the admission of forensic interviews
and summaries containing statements that were not made for medical treatment was
harmless error where the victim testified at trial. See State v. Meacham, 2025-Ohio-
5645, ¶ 49 (10th Dist.) (After thoroughly reviewing the forensic-interview summary,
the court found that “the vast majority of the statements contained therein were
descriptions of the types of sexual abuse appellant allegedly perpetrated upon R.M. . .
. Thus, because the contextual statements contained in the summary were minimal
and R.M. testified, any erroneous admission of those statements was harmless
error.”); State v. McCauley, 2025-Ohio-3158, ¶ 59-60 (5th Dist.) (Even assuming
some portions of the forensic interview were erroneously admitted, any error was
harmless where M.S. testified at trial and the “jury had the opportunity to assess her
demeanor, credibility, and memory.”). Accordingly, this argument has no merit.
{¶16} Next, Wilson contends that the court committed plain error by allowing
K.C.’s therapist, who provided counseling services to K.C., to testify about her sexual-
abuse disclosures. When K.C. first sought counseling, the therapist testified that K.C.
was “depressed and lost.” During the course of their therapy sessions, K.C. disclosed
that her stepfather had sexually abused her. Because the statements were made for
7
OHIO FIRST DISTRICT COURT OF APPEALS
the purposes of medical diagnosis and treatment, they were admissible under Evid.R.
803(4). See Turner, 2020-Ohio-1548, at ¶ 52 (12th Dist.); White, 2021-Ohio-1644, at
¶ 70 (1st Dist.). The admission of the statements was not plain error. See Warner at
¶ 32.
{¶17} The therapist also testified that K.C. did not exhibit a propensity to lie.
The State agrees that the testimony regarding K.C.’s credibility was improper but
contends that the error was harmless because the jury was able to assess K.C.’s
credibility during her testimony and her interview with the Mayerson social worker.
K.C. testified and was subject to cross-examination, giving the jury an independent
basis to determine her credibility. Therefore, the admission of the therapist’s
testimony did not prejudice Wilson and was harmless error. See State v. Bowman,
2025-Ohio-2729, ¶ 15 (3d Dist.) (finding harmless error after one witness testified that
the victim was truthful where the victim testified allowing the jury to determine the
victim’s credibility); State v. Bruce, 2023-Ohio-3298, ¶ 64 (3d Dist.) (“while having a
witness testify that the victim is telling the truth is an error, it is harmless error if the
victim testifies and is subject to cross-examination”).
{¶18} Next, Wilson asserts that the court committed plain error by admitting
hearsay in the form of a medical doctor’s notation on the Mayerson summary that K.C.
did not have a physical examination. The doctor, who did not testify, further noted
that “even a normal examination would be consistent with this history of sexual
abuse.” Wilson fails to explain how the admission constituted an obvious error or how
he was prejudiced by the statement. Consequently, he has not demonstrated plain
error. See Rogers, 2015-Ohio-2459, at ¶ 22 (explaining the accused must demonstrate
an obvious error and that the error affected the outcome of the trial). Moreover, both
the detective and the Mayerson Center forensic interviewer testified that in cases of
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OHIO FIRST DISTRICT COURT OF APPEALS
delayed disclosures, physical examinations are rarely done because they do not yield
evidence of sexual abuse.
{¶19} Finally, Wilson argues that the cumulative effect of the inadmissible
hearsay was to bolster the credibility of the victim. As previously discussed, most of
the statements were not hearsay under Evid.R. 803(4), and the medical doctor’s
notation and mother’s statement did not prejudice Wilson. Although the therapist’s
statement regarding the victim’s credibility was improper, the victim testified and was
subject to cross-examination, allowing the jury to independently assess her credibility.
See Bowman, 2025-Ohio-2729, at ¶ 15; Bruce, 2023-Ohio-3298, at ¶ 64.
{¶20} Accordingly, we overrule the first assignment of error.
Ineffective Assistance of Counsel
{¶21} In his third assignment of error,2 Wilson challenges the effectiveness of
his trial counsel due to counsel’s failure to object to the therapist’s testimony, the
Mayerson Center Report, and a timeline chart created by the State, and agreeing to a
joint exhibit of the transcript of the Mayerson interview.
{¶22} To establish ineffective assistance of counsel, an accused must
demonstrate that counsel’s performance was deficient and that the deficient
performance prejudiced the accused. Strickland v. Washington, 466 U.S. 668, 687
(1984). The failure to make either showing is fatal to the claim. Id. at 697. A defendant
is prejudiced by counsel’s performance if there is a reasonable probability that the
outcome of the proceedings would have been different but for the complained-of
conduct. Id. at 694. In assessing such claims, a reviewing court must remain mindful
that “the defendant must overcome the presumption that, under the circumstances,
2 For ease of discussion, we address some of the assignments of error out of order.
9
OHIO FIRST DISTRICT COURT OF APPEALS
the challenged action ‘might be considered sound trial strategy.’” State v. Echols,
2021-Ohio-4193, ¶ 40 (10th Dist.), quoting Strickland at 689.
{¶23} As previously discussed, the therapist’s testimony was admissible under
Evid.R. 803(4), and the credibility statement did not prejudice Wilson. Similarly, the
admission of the hearsay statements in the Mayerson Center report was not plain
error, which encompasses a finding that any error did not result in prejudice or affect
the outcome of the trial. See Rogers, 2015-Ohio-2459, at ¶ 22.
{¶24} Wilson contends counsel was ineffective for failing to object to the
admission of the State’s timeline and agreeing to admit the transcript of the Mayerson
interview. Both exhibits were demonstrative in nature to aid the jury. No error occurs
when a transcript is given to the jury as a listening aid, “where there are no material
differences between a tape admitted into evidence and a transcript given to the jury.”
State v. Miller, 2002-Ohio-3296, ¶ 7, citing State v. Waddy, 63 Ohio St.3d 424 (1992).
Wilson does not allege any difference between the video and the transcript or explain
how the outcome of the trial was affected by the transcript when the interview itself
was also admitted.
{¶25} The timeline that was admitted was a visual aid based on the
indictment. It included the years from 2012 to 2019, and the addresses where K.C.
lived during that time frame. It also included that in Counts 1-4, K.C. was under ten
years old, in Counts 5-11, she was under 13 years old, and Counts 11 and 12, she was
over 13 years old. Wilson argues that he was prejudiced by the timeline because K.C.
“did not testify to her age at the time of the abuse.” However, the record reflects that
K.C. testified that the abuse began when she was seven or eight. Moreover, “[i]n many
cases involving the sexual abuse of children, the victims are simply unable to
remember exact dates, especially where the crimes involve a repeated course of
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OHIO FIRST DISTRICT COURT OF APPEALS
conduct over an extended period of time.” State v. See, 2020-Ohio-2923, ¶ 17 (1st
Dist.), quoting State v. Rucker, 2012-Ohio-185, ¶ 43 (1st Dist.). Accordingly, Wilson
cannot establish that he was prejudiced by the admission of the timeline.
{¶26} Next, Wilson contends his counsel was ineffective for failing to object to
K.C.’s testimony that “it was a hassle driving to court,” and a financial burden now that
she lived in a different state. Wilson asserts that this testimony was irrelevant and
“bolstered the veracity of her testimony.” The State concedes that the testimony may
have been irrelevant, but argues that Wilson failed to establish that he was prejudiced
by the testimony.
{¶27} As previously discussed, the jury had ample opportunity to judge K.C.’s
credibility, as she testified and was subject to cross-examination. Additionally,
Wilson’s counsel used this testimony to undermine K.C.’s credibility by getting her to
admit that the prosecutor’s office reimbursed her for her expenses. Thus, the failure
to object could be considered sound trial strategy. See Echols, 2021-Ohio-4193, at ¶
40.
{¶28} We overrule the third assignment of error.
Cumulative Error
{¶29} In his sixth assignment of error, Wilson asserts that the cumulative
effect of the trial court’s abuse of discretion throughout the trial denied him a fair trial.
“The doctrine of cumulative error allows a conviction to be reversed if the cumulative
effect of errors, deemed separately harmless, deprived the defendant of his right to a
fair trial.” State v. Johnson, 2019-Ohio-3877, ¶ 57 (1st Dist.). To find cumulative
error, an appellate court first must find multiple errors committed at trial. State v.
Madrigal, 87 Ohio St.3d 378, 398 (2000). The court must then find a reasonable
probability that the outcome below would have been different but for the combination
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OHIO FIRST DISTRICT COURT OF APPEALS
of separately harmless errors. State v. Fletcher, 2021-Ohio-1515, ¶ 16 (2d Dist.).
{¶30} Here, most of the evidence Wilson complains of was admissible. As
previously discussed, there were two instances of separately harmless error—the
admission of mother’s statement regarding K.C.’s disclosure and the therapist’s
credibility statement. Viewing the improperly-admitted testimony cumulatively, there
is no reasonable probability the jury’s verdicts would have been different if it had been
excluded.
{¶31} We overrule the sixth assignment of error.
Alleged Brady Violation
{¶32} In his second assignment of error, Wilson contends that the State failed
to disclose exculpatory evidence, regarding the detective’s failed attempt to make a
recorded call, in violation of Brady and his right to a fair trial.
{¶33} The State’s failure to disclose exculpatory evidence violates the
accused’s due-process rights “where the evidence is material either to guilt or to
punishment, irrespective of the good faith or bad faith of the prosecution.” Brady v.
Maryland, 373 U.S. 83 (1963). Evidence is material where “there is a reasonable
probability that, had the evidence been disclosed to the defense, the result of the
proceeding would have been different.” Turner v. United States, 582 U.S. 313, 324
(2017), quoting Cone v. Bell, 556 U.S. 449, 469-470 (2009).
{¶34} To prevail on a Brady claim, a defendant must show that (1) the
undisclosed evidence favored the accused, (2) the State, willfully or inadvertently,
suppressed the evidence, and (3) the suppression prejudiced the accused. State v.
Green, 2024-Ohio-3260, ¶ 18 (1st Dist.).
{¶35} Here, the evidence that the detective’s attempt to execute a controlled
call was unsuccessful was disclosed during the trial. The trial court correctly
12
OHIO FIRST DISTRICT COURT OF APPEALS
determined that the evidence was not material to either guilt or punishment because
the detective failed to elicit any statements from Wilson. The statement related to an
unsuccessful investigative attempt. See United States v. Agurs, 427 U.S. 97, 109
(1973) (“There is no constitutional requirement that the prosecution make a complete
and detailed accounting to the defense of all police investigatory work on a case.”).
{¶36} Moreover, Wilson was not prejudiced by the late disclosure because he
had an opportunity to cross-examine the detective and the victim about the failed
attempt. Therefore, the State’s delay in providing the information was not a Brady
violation. See State v. Thomas, 2025-Ohio-1343, ¶ 37 (explaining that the disclosure
of exculpatory evidence during trial did not result in prejudice where the accused had
the opportunity to use the exculpatory material during trial).
{¶37} We overrule the second assignment of error.
Manifest Weight
{¶38} In his fifth assignment of error, Wilson argues that his convictions were
not supported by the manifest weight of the evidence because the victim’s testimony
was not credible. Essentially, he argues that the jury erred by believing the victim
because her testimony was the only evidence that the abuse occurred.
{¶39} When reviewing a weight-of-the-evidence argument, the appellate court
reviews the entire record, weighing the evidence and all reasonable inferences;
considers the credibility of witnesses; and determines whether in resolving conflicts of
evidence, the jury clearly lost its way and created such a manifest miscarriage of justice
that the conviction must be reversed and a new trial ordered. State v. Thompkins, 78
Ohio St.3d 380, 386 (1997).
{¶40} The weight to be given to the evidence and the credibility of the
witnesses are issues for the trier of fact. State v. Mosley, 2025-Ohio-4448, ¶ 53 (1st
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OHIO FIRST DISTRICT COURT OF APPEALS
Dist.). The trier of fact “has the best opportunity to view the demeanor, attitude, and
credibility of each witness, something that does not translate well on the written page.”
In re E.S., 2022-Ohio-2003, ¶ 34 (5th Dist.).
{¶41} Courts have held delayed disclosures of sexual abuse by a minor do not
render a conviction against the manifest weight of the evidence. See State v. Peterson,
2024-Ohio-2903, ¶ 20 (8th Dist.); State v. Harris, 2018-Ohio-578, ¶ 53 (8th Dist.).
Although the victim delayed in reporting the abuse, the jury considered the credibility
of her testimony and the reasons for the delayed disclosures. Additionally, the
Mayerson Center forensic examiner and social worker, an expert in child sexual abuse,
explained why children often delay in reporting their abuse. The State also presented
evidence that Wilson admitted to inappropriately touching the victim to her mother
after the victim informed Wilson that she was going to tell her mother. The State
offered and the trial court admitted an incriminating text exchange between Wilson
and the victim where Wilson admitted that “it’s – that is our past,” and a discussion
about him cuddling the victim and his promise to “maybe chill out on the cuddling.”
{¶42} Furthermore, “‘there is no requirement that testimonial evidence of
sexual abuse must be corroborated by physical or other evidence.’” State v. Lykins,
2019-Ohio-3316, ¶ 49 (4th Dist.), quoting State v. Maloney, 2018-Ohio-316, ¶ 61 (2d
Dist.), quoting State v. Barnes, 2014-Ohio-47, ¶ 31 (2d Dist.) (holding that while the
only evidence of sexual abuse was the victim’s testimony, “the fact that there was no
DNA evidence of Barnes’ sexual contact with H.S. does not render his conviction
against the manifest weight of the evidence”); State v. Thomas, 2015-Ohio-5247, ¶ 31
(9th Dist.) (stating that “physical evidence is not required to support a rape conviction
against a manifest weight challenge”). Moreover, here, the investigating officer
testified that it was unlikely that any physical evidence would be discovered due to the
14
OHIO FIRST DISTRICT COURT OF APPEALS
amount of time that had passed between the dates of the sexual contact and the
disclosure.
{¶43} Based upon the record, we cannot conclude that the jury lost its way and
created a manifest miscarriage of justice in arriving at its verdicts. We decline to
substitute our judgment for that of the jury regarding the credibility of the witnesses
or the weight given their testimonies.
{¶44} Accordingly, the fifth assignment of error is without merit.
Consecutive Sentences
{¶45} In his fourth assignment of error, Wilson contends that the trial court
erred when it sentenced Wilson to consecutive sentences without making the required
findings under R.C. 2929.14(C)(4).
{¶46} The State concedes the error, and the record reflects that the trial court
failed to make any of the requisite statutory findings under R.C. 2929.14(C)(4) prior
to imposing consecutive sentences.
{¶47} Therefore, we sustain the fourth assignment of error, vacate the
consecutive nature of the sentences, and remand the matter for the trial court to
consider whether consecutive sentences are appropriate under R.C. 2929.14(C)(4)
and, if so, to make all of the required findings on the record and incorporate those
findings into its sentencing journal entry.
Conclusion
{¶48} Having overruled five of Wilson’s assignments of error, and sustaining
the assignment of error regarding consecutive sentences, we remand the cause to the
trial court for resentencing solely as to the consecutive nature of the sentences. We
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OHIO FIRST DISTRICT COURT OF APPEALS
affirm the trial court’s judgment in all other respects.
Judgment accordingly.
NESTOR and MOORE, JJ., concur.
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